Laura Prepon’s estranged husband, Ben Foster, accused her of “inappropriate marital conduct” months after she accused him of having issues with drinking, In Touch can exclusively report.

On March 5, Ben, 44, asked the court for permission to file an amended divorce petition against Laura, 45, to include new details.

In Touch obtained the amended petition that Ben submitted. The actor filed his initial petition on September 9, 2024, after six years of marriage.

He claimed, “irreconcilable differences” caused the parties to be “unable to live together successfully as husband and wife.” In the amended petition, Ben still claims “irreconcilable differences,” but he added additional grounds for divorce in his filing.

He claimed another ground for divorce was Laura’s “inappropriate marital conduct.”

Ben’s lawyer said, “[Ben] would respectfully show that [Laura] has been guilty of such cruel and inhuman treatment or conduct (i.e.; inappropriate marital conduct) towards [Ben] … which renders further cohabitation unsafe and improper.”

Ben asked the court to enforce the prenuptial agreement they signed on May 21, 2018.

He also requested that the court determine a custody schedule and the amount of child support he will pay Laura for their two children: a daughter named Ella and a second child whose name they have not revealed.

The actor also filed a motion to sell their marital home.

He said they bought their Tennessee home in March 2024, “and both contribute equally to payment of the mortgage.” Ben said the home is owned by an LLC in which both parties are members.

He said he believes neither party desires to take sole ownership of the home following the divorce.

As a result, Ben asked the court for permission to list the home “in order to take advantage of prime spring selling season and to appoint a real estate agent.”

In addition, court documents obtained by In Touch reveal the exes attended a mediation in early March, but were unable to reach a settlement.

Laura scoffed at Ben’s accusations. She denied she was guilty of “inappropriate marital conduct.”

In addition, her powerhouse lawyer Larry Hayes Jr. argued, “[Laura] asserts the affirmative defense to any allegations brought against her that the ill conduct of [Ben] was a justifiable cause for any conduct complained of against her and [Laura] therefore requests that this court dismiss [Ben’s] cause of action for divorce.”

Laura filed a new counter-complaint for divorce against Ben. She accused him of being guilty of “cruel and inhuman treatment or conduct” himself.

The actress accused him Ben of being guilty of “habitual drunkenness” which she believes entitles her to a divorce. Laura asked that she be “designated the primary residential parent” of their kids, child support and for their prenup to be enforced.

As In Touch first reported, the divorce quickly turned contentious after Ben filed. Laura claimed she had concerns with their kids living at Ben’s home due to his alleged issues with drinking.

She asked that Ben not be allowed to drink 12 hours before or during custody visits.

Ben’s attorney, Rose Palermo, told In Touch, “Laura Prepon’s filing is the definition of falsehood and a disturbing fiction.” Ben denied he ever had an issue with alcohol and pointed out Laura called herself a “wine mommy.”

In her filing, Laura filed affidavits from her employees who detailed Ben’s alleged behavior.

One employee told the court, “A more serious concern that I have about Ben’s ability to care for these children relates to his consumption of alcohol around the children.”

In his response, Ben’s lawyer wrote, “[Laura’s] decision to engage in a direct character attack on [Ben] in her response is perfectly illustrative of [Laura’s] compulsion to seize and maintain control over every aspect of family life — regardless of who it hurts — and is also a shining example of why [Ben] chose to file for divorce.”

The exes eventually reached a temporary custody deal that required them to limit their alcohol use around the kids.